On general principles of law and reason, the oaths which these
pretended agents of the people take "to support the Constitution," are
of no validity or obligation. And why? For this, if for no other
reason, viz., that they are given to nobody. There is no privity
(as the lawyers say) -- that is, no mutual recognition, consent, and
agreement -- between those who take these oaths, and any other
persons.

If I go upon Boston Common, and in the presence of a hundred thousand
people, men, women and children, with whom I have no contract on the
subject, take an oath that I will enforce upon them the laws of Moses,
of Lycurgus, of Solon, of Justinian, or of Alfred, that oath is, on
general principles of law and reason, of no obligation. It is of no
obligation, not merely because it is intrinsically a criminal one,
but also because it is given to nobody, and consequently pledges my
faith to nobody. It is merely given to the winds.

It would not alter the case at all to say that, among these hundred
thousand persons, in whose presence the oath was taken, there were
two, three, or five thousand male adults, who had secretly--by
secret ballot, and in a way to avoid making themselves individually
known to me, or to the remainder of the hundred thousand--designated
me as their agent to rule, control, plunder, and, if need be, murder,
these hundred thousand people. The fact that they had designated me
secretly, and in a manner to prevent my knowing them individually,
prevents all privity between them and me; and consequently makes it
impossible that there can be any contract, or pledge of faith, on my
part towards them; for it is impossible that I can pledge my faith, in
any legal sense, to a man whom I neither know, nor have any means of
knowing, individually.

So far as I am concerned, then, these two, three, or five thousand
persons are a secret band of robbers and murderers, who have secretly,
and in a way to save themselves from all responsibility for my acts,
designated me as their agent; and have, through some other agent, or
pretended agent, made their wishes known to me. But being,
nevertheless, individually unknown to me, and having no open,
authentic contract with me, my oath is, on general principles of law
and reason, of no validity as a pledge of faith to them. And being no
pledge of faith to them, it is no pledge of faith to anybody. It is
mere idle wind. At most, it is only a pledge of faith to an unknown
band of robbers and murderers, whose instrument for plundering and
murdering other people, I thus publicly confess myself to be. And it
has no other obligation than a similar oath given to any other unknown
body of pirates, robbers, and murderers.

For these reasons the oaths taken by members of Congress, "to
support the Constitution," are, on general principles of law and
reason, of no validity. They are not only criminal in themselves,
and therefore void; but they are also void for the further reason
that they are given to nobody.

It cannot be said that, in any legitimate or legal sense, they are
given to "the people of the United States"; because neither the whole,
nor any large proportion of the whole, people of the United States
ever, either openly or secretly, appointed or designated these men as
their agents to carry the Constitution into effect. The great body of
the people--that is, men, women and children--were never asked, or
even permitted, to signify, in any formal manner, either openly or
secretly, their choice or wish on the subject. The most that these
members of Congress can say, in favor of their appointment, is
simply this: Each one can say for himself:

I have evidence satisfactory to myself, that there exists, scattered
throughout the country, a band of men, having a tacit understanding
with each other, and calling themselves "the people of the United
States," whose general purposes are to control and plunder each other,
and all other persons in the country, and, so far as they can, even in
neighboring countries; and to kill every man who shall attempt to
defend his person and property against their schemes of plunder and
dominion. Who these men are, individually I have no certain means
of knowing, for they sign no papers, and give no open, authentic
evidence of their individual membership. They are not known
individually even to each other. They are apparently as much afraid
of being individually known to each other, as of being known to other
persons. Hence they ordinarily have no mode either of exercising, or
of making known, their individual membership, otherwise than by giving
their votes secretly for certain agents to do their will. But
although these men are individually unknown, both to each other and to
other persons, it is generally understood in the country that none but
male persons, of the age of twenty-one years and upwards, can be
members. It is also generally understood that all male persons,
born in the country, having certain complexions, and (in some
localities) certain amounts of property, and (in certain cases) even
persons of foreign birth, are permitted to be members. But it
appears that usually not more than one half, two-thirds, or, in some
cases, three-fourths, of all who are thus permitted to become members
of the band, ever exercise, or consequently prove, their actual
membership, in the only mode in which they ordinarily can exercise or
prove it, viz., by giving their votes secretly for the officers or
agents of the band. The number of these secret votes, so far as we
have any account of them, varies greatly from year to year, thus
tending to prove that the band, instead of being a permanent
organization, is a merely pro tempore affair with those who choose
to act with it for the time being. The gross number of these secret
votes, or what purports to be their gross number, in different
localities, is occasionally published. Whether these reports are
accurate or not, we have no means of knowing. It is generally
supposed that great frauds are often committed in depositing them.
They are understood to be received and counted by certain men, who are
themselves appointed for that purpose by the same secret process by
which all other officers and agents of the band are selected.
According to the reports of these receivers of votes (for whose
accuracy or honesty, however, I cannot vouch), and according to my
best knowledge of the whole number of male persons "in my district,"
who (it is supposed) were permitted to vote, it would appear that
one-half, two-thirds or three-fourths actually did vote. Who the men
were, individually, who cast these votes, I have no knowledge, for the
whole thing was done secretly. But of the secret votes thus given for
what they call a "member of Congress," the receivers reported that I
had a majority, or at least a larger number than any other one person.
And it is only by virtue of such a designation that I am now here to
act in concert with other persons similarly selected in other parts of
the country. It is understood among those who sent me here, that all
the persons so selected, will, on coming together at the City of
Washington, take an oath in each other's presence "to support the
Constitution of the United States." By this is meant a certain paper
that was drawn up eighty years ago. It was never signed by anybody,
and apparently has no obligation, and never had any obligation, as a
contract. In fact, few persons ever read it, and doubtless much the
largest number of those who voted for me and the others, never even
saw it, or now pretend to know what it means. Nevertheless, it is
often spoken of in the country as "the Constitution of the United
States"; and for some reason or another, the men who sent me here,
seem to expect that I, and all with whom I act, will swear to carry
this Constitution into effect. I am therefore ready to take this
oath, and to co-operate with all others, similarly selected, who are
ready to take the same oath

This is the most that any member of Congress can say in proof that he
has any constituency; that he represents anybody; that his oath "to
support the Constitution," is given to anybody, or pledges his faith
to anybody. He has no open, written, or other authentic evidence,
such as is required in all other cases, that he was ever appointed the
agent or representative of anybody. He has no written power of
attorney from any single individual. He has no such legal knowledge
as is required in all other cases, by which he can identify a single
one of those who pretend to have appointed him to represent them.

Of course his oath, professedly given to them, "to support the
Constitution," is, on general principles of law and reason, an oath
given to nobody. It pledges his faith to nobody. If he fails to
fulfill his oath, not a single person can come forward, and say to him,
you have betrayed me, or broken faith with me.

No one can come forward and say to him: I appointed you my attorney to
act for me. I required you to swear that, as my attorney, you would
support the Constitution. You promised me that you would do so; and
now you have forfeited the oath you gave to me. No single individual
can say this.

No open, avowed, or responsible association, or body of men, can come
forward and say to him: We appointed you our attorney, to act for us.
We required you to swear that, as our attorney, you would support the
Constitution. You promised us that you would do so; and now you have
forfeited the oath you gave to us.

No open, avowed, or responsible association, or body of men, can say
this to him; because there is no such association or body of men in
existence. If any one should assert that there is such an
association, let him prove, if he can, who compose it. Let him
produce, if he can, any open, written, or other authentic contract,
signed or agreed to by these men; forming themselves into an
association; making themselves known as such to the world; appointing
him as their agent; and making themselves individually, or as an
association, responsible for his acts, done by their authority. Until
all this can be shown, no one can say that, in any legitimate sense,
there is any such association; or that he is their agent; or that he
ever gave his oath to them; or ever pledged his faith to them.

On general principles of law and reason, it would be a sufficient
answer for him to say, to all individuals, and all pretended
associations of individuals, who should accuse him of a breach of
faith to them:

I never knew you. Where is your evidence that you, either
individually or collectively, ever appointed me your attorney? that
you ever required me to swear to you, that, as your attorney, I would
support the Constitution? or that I have now broken any faith I ever
pledged to you? You may, or you may not, be members of that secret
band of robbers and murderers, who act in secret; appoint their agents
by a secret ballot; who keep themselves individually unknown even to
the agents they thus appoint; and who, therefore, cannot claim that
they have any agents; or that any of their pretended agents ever gave
his oath, or pledged his faith, to them. I repudiate you altogether.
My oath was given to others, with whom you have nothing to do; or it
was idle wind, given only to the idle winds. Begone!